APPLICATION FOR DETERMINATION:

1. RECOMMENDATION

1.1 APPROVAL IN PRINCIPLE subject to conditions and the matters in paragraphs 1.2 and 1.3 for the following reason:

The proposed development would reflect the character of its surroundings, secure a satisfactory residential environment, acceptably mitigate against flood risk and contribute towards the established housing need in Northampton. The development is therefore in accordance with the National Planning Policy Framework, Policies E19, E20, E40, H6, H11 and H17 of the Northampton Local Plan and Policies SA, S3, S4, H1 and H2 of the Submitted West Northamptonshire Joint Core Strategy.

1.2 The prior completion of a Section 106 Legal Agreement to secure:

i) A financial payment towards primary care services provision; ii) Construction training opportunities; and

iii) The Council's monitoring fee.

1.3 Delegated authority being given to the Head of Planning to negotiate the detail of the Section 106 Legal Agreement and to amend the list of planning conditions where appropriate.

1.4 It is also recommended that in the event of the Section 106 Legal Agreement not being completed within three calendar months of this Committee meeting, in addition to being able to grant planning permission as recommended above, the Head of Planning be given delegated authority to either refuse or finally dispose of the application (at her discretion) for the reason that the necessary mitigation measures have not been secured to make the proposal acceptable in line with the requirements of Northampton Local Plan Policy E19 and the National Planning Policy Framework.

2. THE PROPOSAL

2.1 The proposals would involve the clearance of the site and its redevelopment in the form of a 25no. unit residential scheme. This scheme would comprise 9no. dwelling houses and 16no. self-contained flats. The proposed frontage to Spencer Street would comprise a terrace of 4no. two-storey houses and a three and a half storey apartment block to contain 16no. units. These two elements would be separated by a proposed gated vehicular access into the site.

2.2 To the rear of the site there would be located a further terrace of 5no. two-storey houses. These would be orientated to face south-west over a newly proposed open car parking area comprising 25no. car parking spaces. All newly proposed dwellings would be afforded private gardens areas to the rear. The rear of the site is proposed to be completely enclosed by 1.8m palisade fencing – with elements of new fencing used to supplement existing boundary treatments in place.

3. SITE DESCRIPTION

3.1 The site measures 0.25 Ha in area and is located at the south-western end of Spencer Street within the St. James area of Northampton. The site currently contains derelict and redundant warehouse buildings last used for storage and distribution purposes. Notwithstanding the industrial nature of the site, it is situated within a primarily residential area as designated by the Northampton Local Plan.

3.2 Spencer Street is typified by red-brick terraced properties. There is however a flatted residential development located at the south-western end of Spencer Street and the site itself is neighboured to its south west by a small industrial site. Westbridge Dyke runs through the southern part of the application site; industrial works are located to the southern side of this dyke. 4. **PLANNING HISTORY**

4.1 N/2011/0465 Application for reserved matters following outline approval N/2001/1197 for the construction of 24no. 1 and 2 bed flats (Approved subject to conditions).

4.2 N/2001/1197 Outline application for demolition of warehouse and No.46 Spencer Street. Construction of 24no. 1 & 2 bedroom flats and refurbishment of two houses (No. 42 & 44) at land at Spencer Street (Approved subject to conditions).

5. **PLANNING POLICY**

5.1 **Development Plan**

Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires a planning application to be determined in accordance with the Development Plan unless material planning considerations indicate otherwise. The current Development Plan comprises the saved policies of the Northampton Local Plan and, whilst not yet adopted, weight can be attributed to the Submitted West Northamptonshire Joint Core Strategy (as subsequently modified).

5.2 **National Policies**

The National Planning Policy Framework (NPPF) states that planning should proactively support sustainable development to deliver new homes, whilst seeking good quality design, mitigating impacts on amenity and facilitating mixed use developments (paragraph 17). Paragraph 35 states that, where practicable, developments should be designed with a safe and secure layout that reduces the potential for conflicts between pedestrians and traffic. Paragraph 49 states that policies for the supply of housing should not be considered up-to-date if a five-year supply of deliverable housing sites cannot be demonstrated by the local planning authority. Paragraph 50 of the NPPF requires that new developments should provide a wide choice in new homes. Paragraph 51 of the NPPF states that local authorities should normally approve planning applications for change to residential use and any associated development from commercial buildings where there is an identified need for additional housing in that area, provided that there are not strong economic reasons why such development would be inappropriate. The NPPF also requires that new developments be of a good quality design (paragraph 56) and contribute to and enhance the natural and local environment (paragraph 109).

5.3 **Northampton Local Plan**

Policy E19 – ‘Implementing Development’ requires any adverse effect of development to be allowed for or appropriately mitigated against. Policy E20 – ‘New Development’ requires the design of any new built development to adequately reflect the character of its surroundings and to ensure adequate standards of privacy, daylight and sunlight.

Policy E40 – ‘Crime and Vandalism’ requires development proposals to pay adequate regard to the need to deter crime and vandalism.

Policy H6 – ‘Housing Development’ requires residential development within primarily residential areas to secure a satisfactory residential environment of an appropriate scale and density.

Policy H11 – ‘Housing Development’ requires that within primarily residential areas planning permission shall be for the development of existing commercial property for residential development so long as the overall effect would be to maintain or improve the appearance of the area.

Policy H17 – ‘Housing for People with Disabilities’ requires the provision of 10% of dwellings, when over ten dwellings are expected, to be constructed to the Council’s mobility standards.

5.4 Supplementary Planning Guidance

Planning Obligations Strategy SPD (February 2013)

Affordable Housing Interim Statement (February 2013)

5.5 Other Material Considerations

Submitted West Northamptonshire Joint Core Strategy (as subsequently modified).

Weight can be given to the West Northamptonshire Joint Core Strategy (JCS), this would be significant where a policy has received few representations and unresolved objections are not considered likely to have a significant bearing on the strategy of the Plan. The JCS provides an up to date evidence base and considers the current Government requirements for plan making, being prepared in full conformity with the NPPF. The plan has been the subject of an examination in public and the findings of the Inspector are awaited.

Policy SA – ‘Presumption in favour of Sustainable Development’ requires local planning authorities to take a positive approach to determining development proposals.

Policy S3 – ‘Scale and Distribution of Housing Development’ requires that Northampton Borough provides about 18,870 new houses. Policy S4 – ‘Northampton Related Development Area’ requires about 28,470 net additional houses to be delivered within Northampton and its adjoining sustainable urban extensions by 2029.

Policy H1 – ‘Housing Density and Mix and Type of Dwellings’ requires housing developments to make the most effective use of land having regard to such considerations as the existing character and density of the local area, the accessibility to services and facilities, proximity to public transport routes and the impact on the amenities of occupiers of neighbouring properties.

Policy H2 – ‘Affordable Housing’ requires 35% of the total number of dwellings provided to be affordable.

6. CONSULTATIONS/ REPRESENTATIONS

6.1 Consultation of local neighbours and consultees has been undertaken. In addition, an advertisement has been placed in the local press and a site notice was erected at the site. No comments have been received from local neighbours. Representations are summarised as follows:

6.2 NBC Public Protection: The site is located upon potentially contaminated land – conditions are therefore requested to investigate this potential. Low level air quality mitigation is also sought as set out in the Council’s draft guidance on such matters.

6.3 NBC Housing Strategy: 35% affordable housing provision should be sought, which equates to 9no. dwellings across the site. A range of accommodation types should be provided. The applicant needs to address this issue; potentially by amending the scheme or by providing evidence that affordable requirements cannot be met on site in a deliverable manner or by demonstrating a viability argument to show that affordable housing cannot be provided either in whole or in part. Following the receipt of viability analysis, it is accepted that the site cannot support a Section 106 contribution towards affordable housing.

6.4 Local Highway Authority: Content with the alterations that have been made to the scheme layout to provide adequate access width, adequate pedestrian and vehicular visibility splays and buildings sufficiently setback from the highway boundary.

6.5 NCC Development Management: No education contribution required due to the minimal pupil yield expected. Contributions towards local fire and rescue infrastructure (plus the installation of one fire hydrant) and library services are requested.

6.6 Northants Police: Content with the revised plans, which provide clarity that the rear of the site shall be completely enclosed by palisade fencing. Appropriate gate specification has been provided. Plot 1 would be provided with an appropriately positioned pedestrian gate also. 6.7 **Environment Agency:** The proposed development shall meet the requirements of the NPPF subject to the imposition of an appropriately worded planning condition to secure the implementation of the mitigation measures outlined within the submitted Flood Risk Assessment (FRA). These measures include the opening up of existing culverts, appropriate finished floor levels, controlled discharge rates to Westbridge Dyke and the provision of flood guards and vehicle barriers.

6.8 **Anglian Water:** The sewerage system has available capacity. There are assets owned by Anglian Water within or close to the development boundary – an informative should be added to any permission to ensure that these assets are accommodated and taken into account.

6.9 **NHS England:** The development will result in approximately 60no. additional registrations, which would affect several surgeries within Northampton. A contribution of £621 per dwelling should be sought towards new healthcare facilities in the area, which equates to £15,522.

6.10 **Construction Futures:** A training obligation of 86 weeks and an associated contribution of £2,425 are required.

7. **APPRAISAL**

**Principle of development**

7.1 The principle of a residential redevelopment of the site is considered to be acceptable, particularly given the extant residential character of the immediate area and the site’s Local Plan designation as a primarily residential area.

7.2 The scheme would not only capitalise on the reuse of a vacant commercial property, it would also make an important contribution towards the Borough’s housing delivery targets as set out in Policies S3 & S4 of the Submitted WNJCS. The application complies with the presumption in favour of sustainable development as set out in the NPPF.

**Design & Layout**

7.3 It is considered that the proposed layout and makeup of the scheme represents an efficient and logical use of the site. A direct frontage to Spencer Street would be provided in addition to a vehicular access through to the rear of the site to allow for the development of building stock to the rear area of the site.

7.4 A terraced frontage of four, two-storey, two-bed, dwellings in brickwork would provide assimilation (in terms of built form and scale) with existing adjacent terraced properties. The front building line of the new terraced properties (although setback 1m from the back of highway to satisfy vehicular visibility requirements) would be set on the same orientation of existing properties.

7.5 A 3 ½ storey block of flats would be located to the western side of the newly proposed central vehicular access. This would provide 8no. one-bed and 8no. two-bed flats across four floors of accommodation. It is considered that the proposed height, scale and massing of this element of the scheme would be acceptable – particularly given the presence of a very similarly scaled and designed 3-storey block of flats that is in existence to the west of the site. Notwithstanding the full four floors of accommodation that would be provided, the block’s ridge would be set at a height of approximately 11.5m. This compares to the approximate 9m ridge height of neighbouring terraced dwellings. It is not considered that the new block would be unduly prominent or incongruous in the context of its surroundings.

7.6 The detailed design of the block of flats would provide visual interest. The block would not be set on a standard square footprint. Greater width would be provided to the rear of the block through undulating building lines. The entrance points to the front and rear would again be articulated by undulations in the building line of the property and the addition of a canopied porch feature to the frontage. Window openings to all elevations would be articulated by soldier coursing to their heads and cills whilst elements of render would be provided to the principal elevation. A mansard roof would feature dormer window openings to all elevations.

7.7 Both of the proposed terraced blocks of housing are of acceptable detailed design also. Again, soldier coursing would be used to articulate openings whilst balanced frontages would be provided with a distinct pattern to proposed opening positions. Canopied front doors would be provided to the rear block.

7.8 It is considered that full details of all external facing materials should be secured via condition should planning permission be granted. Further conditions should be imposed in the interests of securing full details and the subsequent implementation and maintenance of hard and soft landscaping at the site.

Residential Amenity

7.9 The proposals would safeguard the amenities of both existing neighbouring residential occupiers and the future occupiers of the scheme. The proposed terraced block to the front of the site would be situated in close proximity (approximately 1m) to No.44 Spencer Street – the front and rear building lines of the new terrace would closely correspond with those of No.44.

7.10 The opposing side elevation of No.44 is afforded side-facing window openings; these are located towards the rear of the premises. The most prominent of which is located at first floor level and serves a bedroom area. These side-facing openings currently overlook a derelict industrial site (i.e. the application site). In this context it is not considered that the proposed works would unduly impact upon the availability of outlook and the amenities of the present and future occupiers of No.44. The orientation of the plots (with the new build set to the west) would continue to allow sunlight to access these side-facing openings and the two-storey stature of the new terraced buildings would not be overbearing or overshadowing.

7.11 The proposed terraced blocks have been carefully orientated so as to avoid any potential amenity concerns related to sensitive overlooking opportunities. The rear terrace would be setback a full 10m behind the rear facing elevations of the terraced block to front Spencer Street. The rear terrace would be set far enough back to avoid offering sensitive overlooking opportunities to the rear (of the rear elevations and garden areas of existing Spencer Street properties).

7.12 The proposed block of flats would be appropriately located upon the site to safeguard amenity also. A separation distance of around 8 metres would be provided between the opposing side elevations of the block of flats and the terraced housing fronting Spencer Street. This arrangement would guard against any potential detrimental overbearing or overshadowing effects emanating from the development of the flats.

7.13 The block of flats would be afforded window openings to all of its elevations. Across Spencer Street mutual overlooking would be provided between residential properties fronting either side of the street. Outlook to the north-east would be orientated towards the blank side elevation of the proposed terraced Plot 4.

7.14 Views would also be provided from the block of flats across the future rear gardens areas of the newly proposed terraced block to Spencer Street. It is not however felt that this situation would unduly impinge upon the amenities of future occupiers. Only narrow oblique views would be provided from the flat block to the rear elevations of the terraced block. The proposed relationship of the two blocks (i.e. separated by the proposed vehicular access into the site) would guard against direct and immediate overlooking of rear garden areas to the potential detriment of the amenities of future occupiers.

7.15 Each new terraced property would be afforded its own cycle storage shed and designated area for bin storage within its rear amenity area. The terraced block would be afforded a communal bin store and cycle store. Full details should be secured via condition.

Crime Prevention

7.16 The application has been subject to consultation with Northants Police. In response to comments made by Northants Police during the planning process, the applicant has provided confirmation that the rear of the site would be fully secured through the provision of further 1.8m palisade fencing to supplement existing palisade fencing already in place to the majority of the rear.

7.17 The applicant has also provided full details of the specification of secure lockable vehicular access gates. These would be electronically operated. Northants Police has confirmed acceptability in respect to the specification of this entry system, in addition to the detail and position of proposed supplementary pedestrian access gates at the site.

**Highways & Parking**

7.18 The Local Highway Authority (LHA) has confirmed acceptability as regards the latest proposed scheme layout. The applicant has responded to comments raised by the LHA in their initial consultation response through amending the access width into the site, providing appropriate visibility splays and setting the front building line of properties a minimum of 1m behind the Spencer Street highway boundary.

7.19 The scheme also includes the provision of 25no. off-street car parking spaces within a secure courtyard located to the rear of the site. This level of provision equates to one space per unit and represents an appropriate car parking level in this instance.

**Flood Risk**

7.20 Westbridge Dyke flows from east to west across the southern side of the site, which is a tributary of the River Nene. The dyke is part-culverted through the site. The proposed layout has been formulated to provide a degree of separation between proposed built form and the dyke i.e. a permeable car parking area and elements of soft landscaping are located to the rear of the site.

7.21 The Environment Agency has confirmed that the submitted Flood Risk Assessment (FRA) is acceptable subject to a planning condition being attached to any approval to secure the implementation of a variety of mitigation measures that are detailed within the FRA. These mitigation measures include the opening up of culverts across the site, finished floor levels being set no lower than 60.85m, the inclusion of flood guards to a height of 600mm and the installation of vehicle barriers to prevent vehicles entering the watercourse in a flood event (the submitted site layout is annotated to show the provision of a 450mm high knee rail between the dyke and car parking area).

7.22 In terms of the proposed drainage arrangements at the site, roof water would be discharged to below-ground cellular storage. This would allow water to be held and then channelled to a storage system beneath the car park and then subsequently released into the Westbridge Dyke at an appropriate discharge rate (to be secured via condition). The capacity of this system would be capable of holding the volume of rainwater generated in a 1 in 200 year storm.

Other Matters

7.23 In accordance with the comments from the Council’s Public Protection Section, a planning condition should be attached to any approval to ensure that the site is comprehensively investigated and remediate in respect to potential contamination at the site. It is not considered that the scheme would unduly impact upon air quality in the area given its relatively modest scale and nature – in any event, every dwelling would be afforded cycle storage provision whilst the site is sustainably located within comfortable walking distance of the town centre (i.e. future occupants would not be wholly reliant upon private car travel).

S106 & Affordable Housing

7.24 The Council’s Planning Obligations Statement SPD (February 2013) sets out that all housing developments of 15 dwellings or more are required to provide affordable housing at a minimum of 35%. This equates to 9no. dwellings across the site. However, as detailed within the Council’s Affordable Housing Interim Statement, it is acknowledged that there may be circumstances where providing 35% affordable housing together with other planning obligations make a scheme unviable.

7.25 In this instance financial viability analysis has been produced on behalf of the applicant to support their desire to provide no affordable dwellings as part of the development. The applicant has sought to demonstrate that the current cost of building out the entire site is at a level that would not enable the developer of the scheme to make a competitive return to a willing developer and a willing landowner. Anticipated sales values based upon present market analysis have been set out and factored against all anticipated costs (i.e. construction costs, other site costs, marketing costs, finance costs). A list of abnormal costs has been provided, which includes the use of piled foundations, culvert diversion, demolition and contamination works.

7.26 The viability analysis that has been submitted has been considered and assessed for accuracy and acceptability by the Council’s Estates Surveyor. The analysis was subsequently revisited by the applicant to ensure that their costs analysis was consistent with the Council’s position. Furthermore, a valuation of the existing site by an independent chartered surveyor was requested and duly submitted by the applicant. The accuracy of this value is critical when anticipating the actual level of profit that would made by this scheme (i.e. the benchmark value of the site is subtracted from the calculated operating profit). 7.27 In this instance it has been satisfactorily demonstrated that the site cannot support a planning obligation to provide affordable housing. The viability analysis demonstrates that when the existing benchmark value of the site (which has been verified by an independent chartered surveyor) is subtracted from the calculated Residual Site Value (factoring in a reasonable 20% profit level for the developer) the result is a negative figure. It is not therefore viable for the developer to make a contribution to providing affordable housing.

7.28 Notwithstanding the viability work that has done, the applicant has indicated that they would be agreeable to making a contribution of £15,552 towards primary care provision, as requested by NHS England. A construction training scheme is also to be secured via legal agreement in accordance with adopted policy. It is anticipated that these provisions shall be secured via a unilateral undertaking under Section 106 of the Town and Country Planning Act 1990.

7.29 The County Council has requested a payment for the provision of fire services and libraries. There is no adopted development plan policy support for these requests and it is not clear what facilities would be addressed by these obligations. The new Community Infrastructure Levy Regulations, as discussed previously, also prevent the pooling of S106 funds to deliver infrastructure. For these reasons it is not considered that this request can be supported. The County Council have also requested that a fire hydrant is provided. This is a matter that would be addressed under the relevant building regulations and therefore does not need to be replicated as part of the planning process.

8. CONCLUSION

8.1 The proposed development would reflect the character of its surroundings, secure a satisfactory residential environment, acceptably mitigate against flood risk and contribute towards the established housing need in Northampton. The development is therefore in accordance with the National Planning Policy Framework, Policies E19, E20, E40, H6, H11 and H17 of the Northampton Local Plan and Policies SA, S3, S4, H1 and H2 of the Submitted West Northamptonshire Joint Core Strategy.

9. CONDITIONS

(1) The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990.

(2) The development hereby permitted shall be carried out in accordance with the following approved plans: Site Location Plan & Plans (001 F); Site Layout Reason: For the avoidance of doubt and to accord with the terms of the planning application.

(3) The development permitted by this planning permission shall be carried out in accordance with the approved Flood Risk Assessment (FRA), prepared by DSA, ref 14/17376/FRA dated March 2014 and the following mitigation measures detailed within the FRA:

- Opening up of culverts across the site.
- Finished floor levels are set no lower than 60.85m above Ordnance Datum (AOD).
- Inclusion of flood guards to a height of 600mm above finished floor level or 61.45 m above Ordnance Datum (AOD).
- Installation of vehicle barriers to prevent vehicles entering the watercourse in a flood event.
- Surface water discharge to West Bridge Dyke not to exceed 3.5l/s in the 0.5% (1 in 200) critical storm.

The mitigation measures shall be fully implemented prior to occupation of the development hereby permitted and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the Local Planning Authority.

Reason: To reduce the risk of flooding to the proposed development and future occupants in accordance with the National Planning Policy Framework.

(4) No construction shall take place until there has been submitted to and approved in writing by the Local Planning Authority a detailed scheme of hard and soft landscaping for the site. The scheme shall include indications of all existing trees and hedgerows on the land and details of any to be retained.

Reason: In the interests of amenity and to secure a satisfactory standard of development in accordance with Policy E20 of the Northampton Local Plan.

(5) All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the building or the completion of the development, whichever is the sooner, and which shall be maintained for a period of five years; such maintenance to include the replacement in the current or nearest planting season whichever is the sooner or shrubs that may die are removed or become seriously damaged or diseased with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

Reason: In the interests of amenity and to secure a satisfactory standard of development in accordance with Policy E20 of the Northampton Local Plan. (6) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no extensions or other form of enlargement to the residential development hereby permitted, nor erection of porches, outbuildings, hardstandings, storage tanks, gates, fences, walls or other means of enclosure, shall take place without the prior written consent of the Local Planning Authority.

Reason: To prevent overdevelopment of the site in accordance with Policy E20 of the Northampton Local Plan.

(7) Notwithstanding the provisions of Article 3(1) of the Town and Country Planning (Use Classes) Order 1987 (as amended) (or any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification), no premises shall be used for the purposes of a house in multiple occupation.

Reason: To enable the Local Planning Authority to assess the implications of a house in multiple occupation in this location in accordance with Policy E20 of the Northampton Local Plan.

(8) Prior to the commencement of development, a desktop study (including a site walkover) in respect of possible contaminants shall be submitted to and approved in writing by the Local Planning Authority. The study shall include details of the scope and methodology of site investigation (if required), the results of any such investigation shall be used to produce a method statement for any remedial work, which, if required, shall be submitted to and approved in writing by the Local Planning Authority. All remedial works found to be required shall be fully implemented in accordance with the approved details and a validation report shall be submitted to and approved in writing by the Local Planning Authority within 2 weeks of the completion of the development hereby approved. In the event that contamination that was not previously identified is found at any time when carrying out the approved development, it must be reported immediately in writing to the Local Planning Authority and subsequently investigated, remediated and validated in accordance with the full requirements of this condition.

Reason: To ensure the effective investigation and remediation of contaminated land sites and in the interests of health and safety and the quality of the environment.

(9) Details and/or samples of all proposed external facing materials be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

Reason: In the interests of visual amenity and to ensure that the development will harmonise with its surroundings in accordance with Policies E20 and H6 of the Northampton Local Plan.

(10) A minimum of 10% of the dwellings hereby approved shall be available for occupation by persons with disabilities and constructed to the Local Planning Authority's mobility housing standards and details of which shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of construction work on site and thereafter implemented concurrently with the development, and thereafter retained as such.

Reason: To ensure adequate provision is made for people with disabilities in accordance with Policy H17 of the Northampton Local Plan.

(11) Full details of facilities for the secure and covered parking of bicycles shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development hereby permitted, provided prior to the development being first brought into use and retained thereafter.

Reason: To ensure the provision of adequate facilities in accordance with Policy E20 of the Northampton Local Plan.

(12) Details of the provision for the storage of refuse and materials for recycling shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development, implemented prior to the occupation or bringing into use of the building(s) and thereafter maintained.

Reason: In the interests of amenity and to secure a satisfactory standard of development in accordance with Policy E20 of the Northampton Local Plan.

(13) Unless otherwise agreed in writing by the Local Planning Authority, prior to the first occupation of any of the dwellings hereby permitted the vehicular access from Spencer Street shall be fitted with automatic electronic gates (in accordance with the approved specification received 23rd June 2014) and shall be retained at all times thereafter.

Reason: In the interests of highway safety, the free flow of traffic and residential amenity in accordance with Policy E40 of the Northampton Local Plan.

Informative for the applicant:

(1) Anglian Water has assets close to or crossing this site or there are assets subject to an adoption agreement. Therefore the site layout should take this into account and accommodate those assets within either prospectively adoptable highways or public open space. If this is not practicable then the sewers will need to be diverted at the developer's cost under Section 185 of the Water Industry Act 1991 or, in the case of apparatus under an adoption agreement, liaise with the owners of the apparatus. It should be noted that the diversion works should normally be completed before development can commence.

10. BACKGROUND PAPERS 10.1 N/2013/1300

11. LEGAL IMPLICATIONS

11.1 None

12. SUMMARY AND LINKS TO CORPORATE PLAN

12.1 In reaching the attached recommendations regard has been given to securing the objectives, visions and priorities outlined in the Corporate Plan together with those of associated Frameworks and Strategies.